Minnesota Arrest Records

Minnesota had 114,538 arrests for criminal offenses in 2023, with 82,406 males and 32,132 females arrested. Juvenile arrests involve arrests for individuals under 18 at the time of arrest; juveniles constitute 9.6% (10,948) of all arrests during 2023. Motor vehicle theft, robbery, arson, burglary, and rape accounted for 31.4%, 28.2%, 17.1%, 12.5%, and 12.4% of the total arrests, respectively.

Persons aged between 35-49 accounted for 34,356 of the total arrests, with the next highest arrest number (32,092) associated with persons between the age of 25 and 34. Individuals of white and black races constituted the largest portions of those arrested in 2023. According to the Uniform Crime Report, there were 57,795 White and 31,045 black arrestees in 2023.

What Is an Arrest Under Minnesota Law?

According to Chapter 629.30 of the Minnesota Statutes, arrest means taking an individual into custody so that the person may be held to answer for a public offense. Typically, an arrest in Minnesota includes restraining a person or taking an individual who submits into custody.

Type of Arrests in Minnesota

An arrest in the North Star State may be made with or without a warrant.

Warrant Arrest

Minnesota law enforcement may make a warrant arrest with an arrest warrant or bench warrant.

Subdivision 2 (1) of Chapter 629.30 of the Minnesota Statutes states that a peace officer in the state may make an arrest under a warrant. A warrant is a sworn testimony written by a police officer showing probable cause that a person has committed or is committing an offense. Probable cause generally exists when sufficient reasonable grounds exist to believe that a crime has occurred. The sworn affidavit written by the police officer must be signed and activated by the judge before it may be used to execute an arrest.

Although an arresting police officer does not need to possess an actual warrant while arresting the person named on the warrant, reliable information must exist that an active warrant exists for the individual's arrest. Such a police officer will inform the arrestee that they are acting under a court warrant and must show the warrant if requested to do so or as soon as possible and practical.

A valid arrest warrant typically includes the name of the individual to be arrested or a clear description of the person, the offense committed by the individual, the name and signature of the judge who signed the warrant, and the bail amount to be posted (if applicable).

A warrant arrest may also be executed under a bench warrant. Like an arrest warrant, a bench warrant authorizes a police officer to arrest and take a person into custody to answer criminal charges. However, unlike an arrest warrant, a bench warrant originates from the court and is not initiated by a police officer. It is issued for an arrest due to a violation of court orders or rules. A law enforcement officer is notified once the judge signs the paperwork. Consequently, an arrest may be made at any time or location, including the office or home of the person named on the warrant.

A bench warrant generally does not have to arise from a criminal case but may lead to a criminal charge. Common examples of violations leading to the issuance of bench warrants are failure to show up for a court date or obey a court order, such as paying court-ordered child support. A bench warrant aims to get the individual named on it to appear in court. There are potentially serious consequences for not appearing in court upon the issuance of a bench warrant; defaulters may lose their driver's license or be subject to significant fines before they may be released.

Warrantless Arrest

An arrest may be made in Minnesota without a warrant. Under Chapter 629.34 of Minnesota Statutes, a police officer may make an arrest without a warrant under specific circumstances, such as:

• When a public offense has been committed or attempted in the presence of the police officer
• When the individual arrested has committed a felony, although not in the presence of the police officer
• When a felony has, in fact, been committed, and the arresting officer has reasonable cause to believe the individual being arrested has committed the felony
• Upon a charge based upon the reasonable cause of the commission of a felony by the individual arrested
• Under the circumstances described above, when the offense is a gross misdemeanor violation of theft, damage to property, check forgery, harassment or stalking, or financial transaction card fraud
• When the offense is a non-felony violation of Section 518B.01, subdivision 14; 609.748, subdivision 6; or 629.75, subdivision 2, or a non-felony violation of any other restraining order or no contact order previously issued by a court
• When the offense is a gross misdemeanor violation of section 609.485 of the Minnesota Statutes, and the person arrested is a juvenile committed to the custody of the commissioner of corrections
• if the police officer has sufficient acceptable grounds to believe that within the last 72 hours, exclusive of the day sufficient acceptable grounds were established, the person has committed non-felony domestic abuse, as defined in section 518B.01, subdivision 2 of Minnesota Statutes, even though the assault did not take place in the presence of the peace officer

What Are Minnesota Arrest Records?

A Minnesota arrest record is an official document with information about the arrests experienced by the person named on the record. An arrest record generally differs from a criminal record in that it only contains information related to arrest, while a criminal record contains comprehensive information, including arrest records and information on whether the person was charged, convicted, and what sentence was imposed by the court.

A Minnesota arrest record typically includes:

• The full known name, address, and date of birth of the arrestee
• The physical description of the arrestee, including height, weight, hair color, sex, eye color, and race
• The arresting agency, time of the arrest, location of the arrest, and the date of the arrest
• Booking details, such as booking number and time
• The offense for which the individual was arrested

How Can Arrest Records Be Accessed in Minnesota?

Minnesota law generally makes no specific exceptions for keeping arrest records private. Except if an arrest record has been expunged, anyone can request to inspect or copy it. You can typically obtain a Minnesota arrest record in the following ways:

Minnesota Courthouses

Since arrest warrants are typically signed and issued by judges of the district courts, and many arrests lead to court cases, arrest information may be accessed from the records maintained by the district courts' clerks. You may contact the clerks of the courts to inspect or copy arrest records from the court records maintained by the courts.

Minnesota Court Records Online (MCRO)

The Minnesota Judicial Branch generally provides an online application (Minnesota Court Records Online - MCRO) for publicly accessing district court records and documents. The MCRO allows users to search case information using the name of a party to a case, attorney name, citation number, case number, or attorney bar number. The search result typically includes arrest record information for any case information selected.

County Sheriff's Offices and Local Police Departments

Since the individuals making arrests in Minnesota are typically officers of a local police department of the county sheriff's office, local police departments and county sheriff's offices are the primary sources and keepers of arrest records. Therefore, to access a Minnesota arrest record, identify and contact the law enforcement office in the jurisdiction where the arrest occurred. Some of these offices make online access to arrest records available. If online access is not available, you may visit the address of the police department or county sheriff's office to make a request.

Minnesota Public Criminal History Search

Since arrest records are part of a criminal history record, you may request your criminal record from the Minnesota Bureau of Criminal Apprehension to access your arrest record. To request your criminal record from the BCA, submit a written request including your full name, date of birth, other names used (including maiden and former married names), a $8 check or money order, and a self-addressed, stamped envelope to:

Minnesota Bureau of Criminal Apprehension

CHA Unit

1430 Maryland Ave. E.

St. Paul, MN 55106

If you need a copy of another person's criminal history record, you may request it on the BCA portal online or in person at the BCA office, located on the corner of Maryland Avenue and Phalen Boulevard in St. Paul.

Third-Party Websites

Several third-party websites generally provide access to Minnesota arrest records databases for free or a small fee. However, results obtained from such third-party services may not be accurate or legally aggregated.

How Long Will an Arrest Report Stay on Your Minnesota State Records?

Minnesota arrest records generally stay on the subjects' criminal records except when such arrest records have been sealed or expunged. When arrest records are sealed, they are not typically accessible to the public.

Can You Expunge Your Arrest Records in Minnesota?

Under Minnesota law, certain arrest and conviction records may be expunged under specific conditions. An expungement is an order issued by a judge in the district court preventing the public from accessing an arrest or conviction record. Note that an expungement in Minnesota does not eliminate an arrest or conviction; it only prevents the record from being seen by the public.

You may qualify for an expungement in Minnesota if:

• You were subject to an arrest but not charged for the arrest, the charges leveled against you were dismissed, you were not found guilty, or the case did not lead to a conviction
• You successfully completed the conditions of a diversion, stay of adjudication, or continuance for dismissal
• You were convicted of an offense that is eligible for expungement per subdivision 3 of Section 609A.02 of the Minnesota Statutes, and the required amount of time (statute of limitation) has passed, all petty misdemeanor, misdemeanor, and gross misdemeanor convictions are eligible for expungement

If you were arrested in Minnesota but not charged with a crime, there would be no court record of the event. Therefore, filing for expungement through the courts may not be necessary. However, Minnesota law enforcement agencies and the Minnesota Bureau of Criminal Apprehension (BCA) typically maintain arrest records. These records may be accessible to the public, including employers and landlords, upon request.

If you were arrested but never charged, or if the case against you was dismissed before a criminal complaint was filed, you may request that your arrest record be sealed and the "identifying parts" (excluding DNA samples) be destroyed by the law enforcement agency. This process falls under Section 299C.11 of Minnesota Statutes, which governs the expungement of arrest records. To initiate this process, you must submit a written request to the law enforcement agencies that hold the arrest record, such as the police department, sheriff's office, city or county attorney, and the BCA. To qualify, you must meet the following criteria:

• All charges must have been dismissed before a probable cause determination; or
• The prosecutor declined to file charges, and no indictment was issued by a grand jury; and
• You did not participate in a diversion program related to the arrest.

Additionally, you must not have been convicted of a felony or gross misdemeanor in the ten years preceding the arrest. The expungement process outlined under Chapter 299C.11 of the state's statute typically does not involve the courts.

If you are eligible for an expungement of arrest records per Section 299C.11 of the Minnesota Statutes, and you intend to contact the law enforcement agencies involved in the arrest, you may initiate the process using the sample letters provided on the Minnesota courts website. If you need further assistance, the state generally recommends you talk to a lawyer or check self-help centers. If you are unable to locate the addresses of the law enforcement agencies involved in your case, you may consider searching in the phone book or online. Additionally, you can visit your local courthouse, law library, or public library, where the staff may be able to help you find the contact information you need.

If you follow this process for expunging an arrest record, ensure you keep copies of all correspondence and send your requests by "Certified Mail—Return Receipt Requested" to confirm the agencies received your request.

If you were arrested and convicted of a charge that qualifies for expungement, you typically have a few options to pursue expungement. One way is through the Minnesota Attorney General's Statewide Expungement Program. After submitting your application, the Attorney General's Office will review your criminal history to determine if your offense is eligible for expungement. If your record qualifies, the Attorney General's Office will contact the prosecutor to seek agreement for expungement. If the prosecutor agrees, you will not need to file a petition for expungement or attend a hearing. The Attorney General's Office will coordinate the process and notify you when it is finalized.

Alternatively, you may file a petition for expungement in the district court where you were convicted. You will need to complete and submit the expungement petition forms, which are available on the forms page of the Minnesota Courts website. Afterward, serve copies of the petition form and proposed order on all government agencies with the criminal records you intend to expunge. Show the court that you have mailed copies of the petition and proposed order to the relevant agencies and file the petition, proposed order, and proof of service with the district court.

A judge will make the final decision on whether to grant or deny your expungement request. One or more of the agencies you served with your petition may oppose the expungement. If this happens, the judge will consider their objections, along with your petition, before deciding. After reviewing all relevant information, the judge will issue an order either approving or denying your expungement request.

Is a Citizen's Arrest Legal in Minnesota?

Chapter 629.37 of Minnesota Statutes provides for private arrests in the state. A private individual may arrest another person:

• For a public offense attempted or committed in the presence of the arresting person
• When the person arrested has committed a felony, although not in the presence of the arresting person
• When a felony has in fact been committed, and the arresting individual has reasonable grounds to believe the individual arrested to have committed it

Upon making a citizen's arrest, the arresting citizen must deliver the arrestee to a law enforcement officer as soon as practically possible.

How to Look Up Arrest Warrants in Minnesota

You may look up arrest warrants in Minnesota in the following ways:

Visiting Local Law Enforcement

One of Minnesota's most reliable options for looking up arrest warrants is generally to contact local law enforcement offices whose officers made the arrests. County sheriff's offices and police departments typically maintain records of arrest warrants issued within their jurisdictions. Some offices have designated warrant sections that may assist the public in locating specific information. Hence, once you identify the county or city where an individual may be wanted or a warrant may have been issued for a person, contact the sheriff's office or local police department in the area. You will be required to furnish the office or department with important information for identifying the warrant, such as the name of the person, date of arrest, and other physical descriptions about the person. Some county sheriff's offices or local PDs may offer online warrant searches for warrant requesters. Therefore, you may search for online resources from these offices to find arrest warrants.

Minnesota Courthouses and County Websites

Another option for looking up arrest warrants in Minnesota is performing a search at the district court. Since arrest warrants are typically signed and issued by judges of the district courts in the state, records of issued warrants are generally available through the district courthouses. You may contact the clerk of the court in person or by phone to initiate a search. In addition, some counties provide online access to warrant records issued in their jurisdiction. For instance, Washington County allows the public to perform an online search of arrest warrants issued in the county. Yellow Medicine County also provides an active warrant listing online.

Minnesota Courts Site

Arrest information is typically part of the case information maintained by the Minnesota Judicial Branch on the Minnesota Court Records Online (MCRO) portal. You may visit this portal to perform a case search by providing the name of an arrestee or a case number. From the search result, you may be able to find arrest records for an individual. Note that not all records are available online; hence, visiting the courthouse may provide the requester with more detailed or complete arrest record information.

Third-Party Websites

You may also find Minnesota arrest warrant information from third-party websites that collate data from different sources in a database. Although such websites are generally useful for quick searches, the information in their databases may not always be current.

Hiring an Experienced Attorney

An experienced attorney may help you make a definite or statewide search for an arrest warrant. If you are worried that an arrest warrant may be out for you, you may hire an experienced attorney to help you comb through official directories and databases. An attorney may help you navigate the complex court and legal system efficiently and provide assistance in addressing a situation where an arrest warrant is found.